Appendices

5

Legislation Assisting Military Members and their Families Obtain Immigration Benefits

Appendix: Legislation Assisting Military Members and their Families Obtain Immigration Benefits

The table below provides some of the major legislative amendments that have aimed at assisting qualified military personnel and their eligible family members to become U.S. citizens or to acquire other immigration benefits, or both.

Major Legislative Amendments Assisting Military Members and their Eligible Relatives to Become U.S. Citizens or to Acquire Other Immigration Benefits

Act of May 9, 1918 (40 Stat. 512)

Accorded World War I servicemen certain exemptions from the then existing naturalization requirements

First statute to provide for overseas processing; however, petitions that were filed and not acted upon by the courts were declared invalid before May 25, 1932 [1]

Under certain circumstances resident aliens who had departed from the United States and had served honorable in the military or naval forces of an allied country during World War I were granted special naturalization

Second War Powers Act of March 27, 1942 (amending Nationality Act of 1940)

Provided for the expeditious naturalization of members of the U.S. armed forces serving in the United States and abroad

Provided for the naturalization of non-citizens serving during the war; the law permitted naturalization of those who did not meet requirements

Section 702, authorized the actual naturalization of World War II servicemen outside the United States

First time the Service had administrative authority to conduct naturalizations

Legislation of December 7, 1942 (amending Nationality Act of 1940)

Addition of section 323a

Granted special naturalization privileges to World War I veterans

Embraced persons who served with the United States military or naval forces at any time after April 20, 1898, and before July 5, 1902 (Spanish-American War), as well as persons who served on the Mexican border between June 1916 and April 1917 as members of the Regular Army or National Guard (expired December 8, 1943)

Act of June 1, 1948; Immigration and Nationality Act

Added section 324A to the Act of October 14, 1940 (Nationality Act of 1940)

Revised, modified, and made permanent the earlier provisions for the expeditious naturalization of persons who served honorably in the United States armed forces during either World War I or II

Lodge Act, June 30, 1950 (64 Stat. 316)

Was periodically extended during the 1950s, finally expiring on July 1, 1959

The Act authorized naturalization under INA 329 of an alien who enlisted or reenlisted overseas under the terms of the Act; subsequently entered the United States, American Samoa, Swains Island, or the Canal Zone pursuant to military orders; completed five years of service; and was honorably discharged

Korean Hostilities; Act of June 30, 1953 (Pub. L. 86)

Provided for the expeditious judicial naturalization of aliens, upon completion of at least 90 days' active and honorable service in the United States Armed Forces during a specified period (June 25, 1950 - July 1, 1955) extending beyond the termination date of the Korean conflict

Under the statute, all petitions had to be filed before January 1, 1956

Vietnam Hostilities Act of October 24, 1968 (82 Stat. 1343)

Including Vietnam Hostilities to add as qualifying, service during a period beginning February 28, 1961, and ending on the termination fixed by the President

By Executive Order 12081, September 18, 1978, the President terminated the period of Vietnam hostilities as of October 15, 1978

Allowed the designation by executive order such periods when the armed forces of the United States are engaged in armed conflict with a hostile foreign force

Although President Reagan designated the Grenada campaign as a period of hostilities, a federal court invalidated it entirely because, in contravention of statutory guidelines for such designations, the executive order attempted to limit the expedited naturalization benefit to persons who served in certain geographic areas and the record showed that the President would not have designated the campaign as a period of hostilities without the geographic limitations

Such veterans were exempted from the requirement of having been admitted to lawful permanent residence to the United States or having enlisted or reenlisted in the United States

Subsequent amendments enabled naturalization processing to be conducted in the Philippines

Only applied to applications filed by February 2, 1995

Hmong Veterans’ Naturalization Act of 2000

For Hmong guerilla units that aided the U.S. military during the Vietnam War era

Provided an exemption from the English language requirement and special consideration for civics testing for Laotian refugees who supported the U.S. armed forces as members of guerrilla or irregular forces in Laos during the Vietnam War period of hostilities

Only applied to naturalization applications filed by a veteran or spouse, within three years after May 26, 2000, or by a veteran’s widow within three years after November 1, 2000

Pub. L. 108-136 was enacted on November 24, 2003 and amended certain military-related immigration provisions of the INA, to include:

Reduced the required period of military service from three years to one year under INA 328

Exempted all fees from naturalization applications filed under INA 328 and 329 by eligible service members and certain veterans

Added provision that citizenship obtained through INA 328 and 329 may be revoked if the person is separated from the U.S. armed forces under other than honorable conditions before the person has served for a period or periods aggregating five years

Added under 8 U.S.C. 1443a that DHS must ensure that any filings, interviews, oath ceremonies, or other proceedings relating to naturalization of service members and certain military family members are available abroad through U.S. embassies, consulates, and U.S. military installations overseas as practical

Extended benefits under INA 329(a) to those who serve or served as a member of the Selected Reserve of the Ready Reserve

Extended certain immigration benefits to surviving spouses, children and parents of U.S. citizen service members (including those granted citizenship posthumously under INA 329(a)[4]

Pub. L. 110-181 was enacted on January 28, 2008 and amended certain military-related immigration provisions of the INA focused on qualifying spouses or children of members of the U.S. armed forces, to include:

Added INA 284(b) to make clear that the lawful permanent resident status of a service member’s spouse or child is not jeopardized because the spouse or child resided abroad, as authorized by official orders, with the service member. This provision clarifies that USCIS must not treat such absences as abandonment or relinquishment of the spouse or child’s lawful permanent resident (LPR) status [5]

Added INA 319(e) to allow the LPR spouse of a service member to count any qualifying time spent abroad on official orders as continuous residence and physical presence in the United States. Also permits the spouse to complete the naturalization process overseas

Added INA 322(d) to allow the U.S. citizen parent and service member of a child filing for naturalization to count time abroad under military orders as physical presence in the United States. Also permits the child to complete the naturalization process overseas

Requires DHS to use the fingerprints provided by an individual at the time the individual enlisted in the U.S. armed forces (referred to as “OPM” or “enlistment” fingerprints) or fingerprints the applicant previously submitted to USCIS for another application to satisfy the fingerprint requirement

If DHS determines that new biometrics would result in more timely and effective adjudication of the individual’s naturalization application, DHS must inform the applicant of this determination and provide the applicant with information on how to submit fingerprints

Requires USCIS to adjudicate applications for naturalization filed by active-duty members of the U.S. armed forces serving abroad within 180 days of the receipt of responses to all background checks

USC parent physically present in the United States or OLP for 10 years, at least 5 years of which were after age 14 [11]

Not Applicable

On or After

Nov. 14, 1986

Both parents USCs

At least one USC parent resided in the United States or OLP

Not Applicable

One USC parent and one alien parent

USC parent physically present in the United States or OLP for 5 years, at least 2 years of which were after age 14 [12]

Not Applicable

Footnotes

1.[^] A child must meet the definition of child under the Immigration and Nationality Act (INA). See Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 2, Definition of Child for Citizenship and Naturalization [12 USCIS-PM H.2].

3.[^] Includes periods spent abroad while employed by the U.S. government or an international organization as defined in 22 U.S.C. 288, or as a dependent, unmarried son or daughter, who is member of the household of such an employee.

4.[^] See former Section 301(b) in the INA of 1952, Pub. L. 82-414, 66 Stat. 163, 236 (June 27, 1952). The child’s residence must also start before the INA of 1952’s effective date, December 24, 1952.

5.[^] Includes periods spent abroad while employed by the U.S. government or an international organization as defined in 22 U.S.C. 288, or as a dependent, unmarried son or daughter, who is member of the household of such an employee.

6.[^] See former Section 301(b) in the INA of 1952, Pub. L. 82-414, 66 Stat. 163, 236 (June 27, 1952). The child’s residence must also start before the INA of 1952’s effective date, December 24, 1952.

7.[^] See Act of October 27, 1972, Pub. L. 92-584, 86 Stat. 1289. The child’s residence must also start before the Act’s effective date, October 27, 1972.

8.[^] Absence of less than 12 months in the aggregate during the 5-year period does not break continuity of residence or physical presence. Absence of less than 60 days in the 2-year period in the aggregate does not break continuity of physical presence. Honorable service in the U.S. armed forces counts as residence or physical presence.

Retention Requirements

A child is relieved from the retention requirements if, prior to his or her 18th birthday, the child begins to reside permanently in the United States and the foreign national parent naturalizes.​

The Act of October 10, 1978, Pub. L. 95-423, repealed retention requirements prospectively only. Anyone born on or after October 11, 1952 (not age 26 on October 10, 1978) was no longer subject to retention requirements. Since the amending legislation was prospective only, it did not restore citizenship to anyone who, prior to its enactment, had lost citizenship for failing to meet the retention requirements.

9.[^] Includes periods spent abroad while employed by the U.S. government or an international organization as defined in 22 U.S.C. 288, or as a dependent, unmarried son or daughter, who is member of the household of such an employee.

10.[^] Includes periods spent abroad while employed by the U.S. government or an international organization as defined in 22 U.S.C. 288, or as a dependent, unmarried son or daughter, who is member of the household of such an employee.

11.[^] Includes periods spent abroad while employed by the U.S. government or an international organization as defined in 22 U.S.C. 288, or as a dependent, unmarried son or daughter, who is member of the household of such an employee.

12.[^] See former Section 301(b) in the INA of 1952, Pub. L. 82-414, 66 Stat. 163, 236 (June 27, 1952). The child’s residence must also start before the INA of 1952’s effective date, December 24, 1952.

Nationality Chart 2

Appendix: Children Born Outside the United States Out of Wedlock (Nationality Chart 2)

The child was born an alien. HOWEVER, the child became a U.S. citizen (USC) retroactively to birth, effective on Jan. 13, 1941, if the child’s mother resided in the United States or Outlying Possession (OLP) prior to the child’s birth, UNLESS the child was legitimated by the alien father prior to Jan. 13, 1941.

On or After

May 24, 1934

and Prior To

Dec. 24, 1952

The mother resided in the United States or OLP at any time prior to the child’s birth.

On or After

Dec. 24, 1952

and Prior To

June 12, 2017

The mother maintained at least 1 year of continuous physical presence in the United States or OLP at any time prior to the child’s birth.

The mother was physically present in the United States or OLP for at least 5 years prior to the child’s birth (at least 2 years of which were after age 14).

Child Born Out of Wedlock to U.S. Citizen Father and Alien Mother

Child Legitimated by Father (Table 2 of 4)

PERIOD IN WHICH CHILD WAS BORN

ELIGIBILITY REQUIREMENTS

Prior To

May 24, 1934

The child was legitimated at any time after birth under the laws of the father’s domicile;

The USC father resided in the United States prior to the child’s birth; and

No residence required for the child to retain U.S. citizenship.

On or After

May 24, 1934

and Prior To

Jan. 13, 1941

The child was legitimated at any time after birth under the laws of the father’s domicile;

The USC father resided in the United States prior to the child’s birth; [3] and

The child met retention requirements.

See Nationality Chart 1 for retention requirements.

On or After

Jan. 13, 1941

and Prior To

Dec. 24, 1952

The child was legitimated before age 21 under the laws of the father’s domicile;

The USC father resided in the United States or OLP for at least 10 years, at least 5 years of which were after age 14, at the time of the child’s birth; and

The child met retention requirements.

See Nationality Chart 1 for special provisions and for retention requirements.

On or After

Dec. 24, 1952

and Prior To

Nov. 14, 1986

The child was legitimated before age 21 under the laws of the father’s domicile; [4]

The child was legitimated PRIOR TO Nov. 14, 1986;

The child must be unmarried;

The USC father was physically present in the United States or OLP for 10 years, at least 5 years of which were after age 14, at the time of the child’s birth; and

No residence required for the child to retain U.S. citizenship.

See Nationality Chart 1 for special provisions.

Child Born Out of Wedlock to U.S. Citizen Father and Alien Mother

Child Legitimated or Acknowledged by Father (Table 3 of 4)

DATE RELATIONSHIP ESTABLISHED

ELIGIBILITY REQUIREMENTS

On or After

Nov. 14, 1986

The child was legitimated OR acknowledged before age 18* (legitimated under the laws of the child’s residence or domicile; or paternity acknowledged in writing under oath; or paternity established by court order);

A blood relationship between the child and father was established;

The father, unless deceased, has agreed in writing to provide financial support until child reaches age 18; [5]

The child must be unmarried; and

The USC father was physically present in the United States or OLP for 5 years, at least 2 years of which were after age 14, at the time of the child’s birth.

*A child age 18 or over on Nov. 14, 1986 could use the old law. [6]. A child at least age 15, but under 18, could use either law (date of birth on or after Nov. 15, 1968).

Child Born Out of Wedlock to Two U.S. Citizen Parents (Table 4 of 4)

PERIOD IN WHICH CHILD WAS BORN

ELIGIBILITY REQUIREMENTS

If both parents are U.S. citizens, the child may qualify under either parent. The child must meet the requirements for acquisition of citizenship under the mother OR the father; the child does not need to meet both requirements.

On or After

Dec. 24, 1952

and Prior To

Nov. 14, 1986

Citizenship through U.S. Citizen Mother

The mother had at least 1 year of continuous physical presence in the United States or OLP at any time prior to the child’s birth.

Citizenship through U.S. Citizen Father

The child was legitimated before age 21 under the laws of the father’s domicile; [7]

The child was legitimated PRIOR TO Nov. 14, 1986;

The child must be unmarried; and

Either parent resided in the United States at any time prior to the child’s birth.

On or After

Nov. 14, 1986

and Prior To

June 12, 2017

Citizenship through U.S. Citizen Mother

The mother had at least 1 year of continuous physical presence in the United States or OLP at any time prior to the child’s birth.

Citizenship through U.S. Citizen Father

The child was legitimated OR acknowledged before age 18* (legitimated under the laws of the child’s residence or domicile; or paternity acknowledged in writing under oath; or paternity established by court order);

A blood relationship between the child and father was established;

The father, unless deceased, has agreed in writing to provide financial support until child reaches age 18; [8]

The child must be unmarried; and

Either parent resided in the United States at any time prior to the child’s birth.

*A child age 18 or over on Nov. 14, 1986 could use the old law. [9] A child at least age 15, but under 18, could use either law (date of birth on or after Nov. 15, 1968).

On or After

June 12, 2017

Citizenship through U.S. Citizen Father

The child was legitimated OR acknowledged before age 18 (legitimated under the laws of the child’s residence or domicile; or paternity acknowledged in writing under oath; or paternity established by court order);

A blood relationship between child and father was established;

The father, unless deceased, has agreed in writing to provide financial support until child reaches age 18; [10]

The child must be unmarried; and

Either parent resided in the United States at any time prior to the child’s birth.

If the child does not meet these requirements, but one or both parents resided in the United States at any time prior to the child’s birth, the officer should consult the Office of Chief Counsel (OCC).

Footnotes

1.[^] A child must meet the definition of child under the Immigration and Nationality Act (INA). See Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 2, Definition of Child for Citizenship and Naturalization [12 USCIS-PM H.2].

3.[^] Includes periods spent abroad while employed by the U.S. government or an international organization as defined in 22 U.S.C. 288, or as the dependent unmarried son who resided as a member of the employee’s household during any relevant period(s) of absence from the United States.

4.[^] In cases arising within the Ninth Circuit, the laws of the father’s residence and the laws of the child’s residence must be considered to determine whether legitimation occurred. See Burgess v. Meese, 802 F.2d 338 (9th Cir. 1986).

5.[^] For additional information regarding a written statement of financial support, see Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 3, U.S. Citizens at Birth (INA 301 and 309), Section C, Child Born Out of Wedlock [12 USCIS-PM H.3(C)].

6.[^] See Child Born Out Of Wedlock to U.S. Citizen Father and Alien Mother; Child Legitimated by Father (Table 2 of 4).

7.[^] In cases arising within the Ninth Circuit, the laws of the father’s residence and the laws of the child’s residence must be considered to determine whether legitimation occurred. See Burgess v. Meese, 802 F.2d 338 (9th Cir. 1986).

8.[^] For additional information regarding a written statement of financial support, see Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 3, U.S. Citizens at Birth (INA 301 and 309), Section C, Child Born Out of Wedlock [12 USCIS-PM H.3(C)].

9.[^] See Child Born Out Of Wedlock to U.S. Citizen Father and Alien Mother; Child Legitimated by Father (Table 2 of 4).

10.[^] For additional information regarding a written statement of financial support, see Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 3, U.S. Citizens at Birth (INA 301 and 309), Section C, Child Born Out of Wedlock [12 USCIS-PM H.3(C)].

Nationality Chart 3

A child may derive U.S. citizenship during the below listed historical periods if such child was under the statutory age, AND the child became a lawful permanent resident (LPR), AND the parent(s) naturalized. It does not matter in which order the actions occurred.

Child unmarried (includes child adopted before age 16 who is residing with adoptive parent(s) at the time of their naturalization) [9]

On or After

Feb. 27, 2001

18 years old

At least one parent is a U.S. citizen by birth or naturalization

Child resides in the United States in legal and physical custody of U.S. citizen parent (includes adopted child of U.S. citizen; must meet INA 101(b)(1) requirements for adopted children)

Footnotes

1.[^] A child must meet the definition of child under the Immigration and Nationality Act (INA). See Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 2, Definition of Child for Citizenship and Naturalization [12 USCIS-PM H.2]. A child not legitimated by the father may only derive from the mother. In cases with two U.S. citizen parents where the child is born out of wedlock on or after June 12, 2017, the Office of Chief Counsel (OCC) advises that officers first determine whether the child acquired citizenship through the U.S. citizen father under INA 309(a), as that standard is unaffected by Morales-Santana. If the child did not acquire citizenship through the U.S. citizen father, OCC would like to review the case because it is still considering, in consultation with the Department of State (DOS) and Department of Justice (DOJ), the standard under which a U.S. citizen mother can pass citizenship to a child born out of wedlock to two U.S. citizen parents.

2.[^] Child relieved of the remainder of the 5-year waiting period if the naturalized parent meets definition of “both parents.”

The naturalized parent having legal custody in the case of a divorce or a legal separation;

The mother of a child born out of wedlock, as long as the child had not been legitimated (if a child was properly legitimated under the age of 16, the law required both parents to naturalize); or

The foreign national parent who naturalizes when the other parent is already a U.S. citizen since the child’s birth.

7.[^] In the Second Circuit (New York, Connecticut, and Vermont), the child is not required to become an LPR before the age of 18, provided that the child begins to reside permanently in the United States while under the age of 18. A child begins to reside permanently in the United States when the child is physically in the United States, intends to reside in the United States permanently, and has taken some official action to accomplish that, such as applying for lawful permanent residence. For additional information, officers should contact their local OCC counsel.

The foreign national parent who naturalizes when the other parent is already a U.S. citizen since the child’s birth.

In the case of a child with one adoptive parent and one natural parent, the adoptive parent must naturalize. He or she may not be a native-born U.S. citizen.

9.[^] An adopted child must be residing in the United States, with lawful admission, in the custody of the adoptive parent(s) at the time of the parent’s naturalization, meet all the requirements for adopted children in INA 101(b)(1), and be adopted by a certain age depending on the period of last action:

On or after October 5, 1978 and prior to November 29, 1981, adoption before age 16.

On or after November 29, 1981 and prior to February 27, 2001, adoption before age 18.

Nationality Chart 4

Appendix: Children of U.S. Citizens Regularly Residing Outside United States (INA 322) (Nationality Chart 4)

Nationality Chart 4

Children of U.S. Citizens Regularly Residing ​Outside the United States (INA 322) [1]

The child is under 18 years of age (at the time of adjudication and the taking of the Oath of Allegiance, [3]unless the Oath is waived because the child is unable to understand its meaning by reason of mental incapacity or young age).

The child is residing outside of the United States in the legal and physical custody of the USC parent, or a person who does not object to the application if the USC parent is deceased.

At the time the application is approved and time of naturalization, the child is lawfully admitted, physically present, and maintaining a lawful status in the United States. Both the child and the citizen parent must appear at an interview.

Children of Military Members

For children of military members authorized to accompany the member abroad and residing with the military member parent:

The parent’s authorized period abroad counts as physical presence in the United States;

The child does not need to reside in the United States in lawful status; and

If the USC parent has died, the child’s USC grandparent or USC legal guardian may file on the child’s behalf within 5 years of the USC parent’s death.

U.S. Citizen Parent

USC parent was physically present in the United States or its outlying possessions for at least 5 years (at least 2 years of which were after age 14)

OR

U.S. Citizen Grandparent

If the USC parent has died, the USC parent must have met the physical presence requirement stated above at time of death. If the child’s USC parent does not meet the requirement, the child may rely on the physical presence of the child’s USC grandparent (at least 5 years, at least 2 years of which were after age 14), provided the grandparent meets the requirement as of the USC parent’s time of death.

Footnotes

1.[^] Since the enactment of the Immigration and Nationality Act (INA) of 1952, Pub. L. 82-414 (June 27, 1952), Congress has provided for the naturalization of a child under age 18 upon petition by the U.S. citizen parent. See INA 322. The requirements varied with different amendments, but naturalization under this provision always required an application or petition by the parent; citizenship was not automatic.

2.[^] See Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 2, Definition of Child for Citizenship and Naturalization [12 USCIS-PM H.2]. See INA 101(c)(1).

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify that violation of federal controlled substance law, including for marijuana, remains a conditional bar to establishing good moral character (GMC) for naturalization even where that conduct would not be an offense under state law.

​This technical update incorporates into Volume 12 the policy guidance that U.S. Citizenship and Immigration Services announced December 12, 2018 regarding the Medical Certification for Disability Exceptions (Form N-648). This guidance became effective February 12, 2019.

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to update and clarify filing procedures and adjudications on the Medical Certification for Disability Exceptions (Form N-648). This guidance becomes effective February 12, 2019.

POLICY ALERT - Marriage and Living in Marital Union Requirements for Naturalization

October 12, 2018

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to clarify the marriage and living in marital union requirements under section 319(a) of the Immigration and Nationality Act (INA).

Technical Update - Authorized Medical Professionals

September 26, 2018

This technical update provides clarification on the medical professionals (medical doctors, doctors of osteopathy, and clinical psychologists) authorized to complete a written evaluation of medical condition in connection with an oath waiver request.

Technical Update - Certificates of Citizenship for U.S. National Children

August 15, 2018

This technical update clarifies that a person who is born a U.S. national and is the child of a U.S. citizen may acquire citizenship and may obtain a Certificate of Citizenship without having to establish lawful permanent resident status.

POLICY ALERT - Acquisition of U.S. Citizenship for Children Born Out of Wedlock

April 18, 2018

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance to clarify certain requirements for U.S. citizenship for children born outside the United States and out of wedlock under INA 301 and 309. USCIS is making conforming edits to the USCIS nationality charts.

Technical Update - Authority to Administer the Oath of Allegiance

March 21, 2018

This technical update clarifies that the Secretary of Homeland Security has, through the Director of USCIS, delegated the authority to administer the Oath during an administrative naturalization ceremony to certain USCIS officials who can successively re-delegate the authority within their chains of command.

POLICY ALERT - Biometrics Requirements for Naturalization

July 26, 2017

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to specify that every naturalization applicant must provide biometrics regardless of age, unless the applicant qualifies for a fingerprint waiver due to certain medical conditions.

POLICY ALERT - Administrative Naturalization Ceremonies

June 28, 2017

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance on USCIS administrative naturalization ceremonies, to include guidance regarding participation from other U.S. government and non-governmental entities.

Technical Update - Clarifying Intent to Reside in United States for Naturalization Purposes

January 05, 2017

This technical update clarifies that naturalization applicants are not required to intend to reside permanently in the United States after becoming U.S. citizens. This update is in accordance with current statutes; prior to 1994, a person who became a naturalized U.S. citizen was expected to hold the intention of residing permanently in the United States. See Section 104 of the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103-416 (October 25, 1994).

This technical update clarifies that, for purposes of Form N-648, Medical Certification for Disability Exceptions, USCIS accepts the relevant medical codes recognized by the Department of Health and Human Services. This includes codes found in the Diagnostic and Statistical Manual of Mental Disorders and the International Classification of Diseases.

This technical update clarifies that, for purposes of naturalization under INA 329, the current period designated by Presidential Executive Order 13269 (July 3, 2002), as a period in which the U.S. armed forces are considered to be engaged in armed conflict with a hostile foreign force, is still in effect. In addition, this update adds information about the USCIS Military Help Line in this part.

Technical Update - Military Accessions Vital to National Interest Program and Time of Filing for Naturalization

October 19, 2016

This technical update clarifies that, in general, Department of Defense (DOD) Military Accessions Vital to National Interest (MAVNI) enlistees may file an application for naturalization during basic training in the U.S. armed forces.

POLICY ALERT - Department of Defense Military Accessions Vital to National Interest Program

August 03, 2016

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance to provide information about the existing Department of Defense (DOD) Military Accessions Vital to National Interest (MAVNI) Program.

This technical update clarifies that along with reviewing for absences of more than 6 months, officers review whether an applicant for naturalization with multiple absences of less than 6 months is able establish the required residence and physical presence for naturalization.

Technical Update - Child Citizenship Act and Children of U.S. Government Employees Residing Abroad

July 20, 2015

This technical update clarifies that the child of a U.S. government employee temporarily stationed abroad is considered to be residing in the United States for purposes of acquisition of citizenship under INA 320.

This technical update clarifies that Peace Corps personal service contractors are considered U.S. Government employees under certain circumstances for purposes of preserving their residence for naturalization while working abroad.

Technical Update - Commonwealth of the Northern Mariana Islands

September 30, 2013

This technical update adds the Commonwealth of the Northern Mariana Islands to list of certain territories of the United States where, subject to certain requirements, persons may be U.S. citizens at birth.

POLICY ALERT - Security-Related Positions Abroad

June 10, 2013

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address amendments to section 1059(e) of the National Defense Authorization Act of 2006 by Public Law 112-227.